Sued by Scott & Associates, P.C. in Texas: What It Means and What to Do

If the attorney named at the bottom of your lawsuit works for Scott & Associates, P.C., you are dealing with a Texas-based collection law firm, not the company you originally owed. The firm is the lawyer. The plaintiff, the party that says you owe it money, is named at the top of the petition. Knowing the difference shapes everything that follows: who has to prove the debt, who decides whether to settle, and which defenses fit.

This guide explains who the firm is, how to confirm the case is real, the deadline you cannot miss, and how a defense usually works in a Texas justice court, where many consumer collection suits are filed.

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Who Is Scott & Associates, P.C.?

On its own website, Scott & Associates, P.C. describes itself as a multi-state legal recoveries law firm serving national, state and local financial institutions. The site lists mailing addresses at P.O. Box 115220 and P.O. Box 113297 in Carrollton, Texas 75011, a consumer phone number of 866-298-3155, and a statement that it is a debt collector attempting to collect a debt. It also says Spanish is spoken.

State Bar of Texas records list a number of Texas-licensed attorneys with the firm, using Carrollton and Plano business addresses and practice locations in cities such as Dallas, Houston, El Paso, Tyler, Waco and The Woodlands. In other words, this is a firm with lawyers licensed in Texas who appear in Texas courts.

One practical caution: "Scott & Associates" is a common name, and unrelated law firms use similar names. Look at the attorney's name and State Bar number in the signature block of your petition, then look that lawyer up in the State Bar directory. That tells you exactly which firm filed your case.

Texas Debt Law is not affiliated with Scott & Associates, P.C.

Is the Firm a "Debt Collector" Under Federal Law?

Generally, yes. The U.S. Supreme Court held in Heintz v. Jenkins, 514 U.S. 291 (1995), that lawyers who regularly collect consumer debts, including through litigation, are "debt collectors" covered by the Fair Debt Collection Practices Act (FDCPA). For you, that means:

• The firm may not use false, deceptive or misleading statements to collect (15 U.S.C. § 1692e).
• If you dispute the debt in writing within the 30-day validation period, collection must pause until the firm sends verification (15 U.S.C. § 1692g).
• Once the firm knows you have a lawyer for the debt, it generally must communicate with your lawyer instead of you (15 U.S.C. § 1692c(a)(2)).

See also our answer to can the collection law firm also be a debt collector?

First, Confirm the Lawsuit Is Real

A real Texas lawsuit comes with a citation (the court's official notice) and a petition (the plaintiff's claim), with a court name, a cause number and, usually, a stamp showing the filing date. Before you call anyone, do two things:

1. Call the court clerk listed on the citation, using a number from the court's or county's official website, and ask whether the cause number is an open case with your name on it.
2. Check the lawyer in the State Bar of Texas directory, as described above.

If you want to speak to the firm, use the number on its official website rather than one printed on a text message or email you did not expect. Our page on how to tell a real lawsuit from a scam covers the warning signs.

Your Answer Deadline

The firm does not set your deadline. The court rules do, and they run from the day you were served:

• Justice court: by the end of the 14th day after service (Texas Rule of Civil Procedure 502.5). If that day is a weekend or legal holiday, the deadline moves to the next business day.
• County or district court: by 10:00 a.m. on the Monday after 20 days have passed since service (Rule 99(b)).

A phone call or a payment discussion with the firm does not stop the clock. Use our answer deadline calculator to find your date.

Justice Court "Debt Claim Cases" and What the Petition Must Say

Justice courts hear cases up to $20,000 (Government Code § 27.031). When a financial institution, a debt buyer, a collection agency or a lender sues on a debt in justice court, the case is a debt claim case governed by Rule 508. That rule requires the petition to include specific details, including:

• for a credit card or revolving account, the account name, the account number (which may be masked), and the dates the account was opened and charged off, if known;
• the amount owed as of a stated date and whether the plaintiff seeks ongoing interest, with the rate and its basis if it does;
• if the debt was assigned, the date of the assignment, the names of prior holders and the name of the original creditor.

Comparing the petition against Rule 508.2 is one of the first things we do. Missing or inconsistent details can be a reason to ask the court for more information, and they often point to the weak spots in the plaintiff's proof. Even if you do not answer, Rule 508.3 requires the judge to have evidence of the debt before entering a default judgment. Read more in what is a debt claim case in justice court?

What the Plaintiff Has to Prove

The firm represents the plaintiff, and the plaintiff carries the burden of proof. In a typical credit card or loan case, it must show that an account existed between you and the original lender, that you defaulted, and what is actually owed after all payments and credits. If the plaintiff bought the debt, it must also show it owns your specific account.

Common defenses we evaluate include:

• Limitations. Texas generally allows four years to sue on a debt (Civil Practice and Remedies Code § 16.004). A debt buyer may not sue on a consumer debt after that period has run (Finance Code § 392.307).
• Amount. Interest, fees or attorney's fees that the agreement or the law does not support.
• Identity. An account opened through identity theft, or a debt that belongs to someone with a similar name.
• Proof. Records that do not connect you to the account, or that cannot be properly authenticated.

Talking to the Firm Before You Answer

The firm's website invites consumers to propose settlements and payment plans. Negotiating is your right, and many cases do resolve by agreement. Two cautions:

• File your answer anyway. Talks can fail or take longer than your deadline. An answer on file protects you while you negotiate.
• Read every document before signing. Some settlement offers include an agreed judgment, which is a court judgment against you even if the payment plan is manageable. See should I agree to an agreed judgment?

Once you hire us, the firm's communications about the debt should come to our office. You no longer need to take those calls.

Your Rights if a Collector Crosses the Line

If any collector, including a collection law firm, makes false statements, threatens action it cannot take, or keeps contacting you after it knows you have a lawyer, you may have a claim under the FDCPA or the Texas Debt Collection Act (Finance Code ch. 392). Those claims are not filed as counterclaims in the collection case. We bring them, when the facts support it, as a separate lawsuit in federal court, which is a separate legal service from defending your debt case. FDCPA claims generally must be filed within one year of the violation (15 U.S.C. § 1692k(d)). Learn more on our Texas FDCPA attorneys page.

How Texas Debt Law Can Help

We defend Texans in debt lawsuits statewide, mostly by phone, email and e-filing, so you usually do not need to visit our Frisco office. Attorney Shawn Jaffer and our team prepare and file your answer, review the petition and the plaintiff's evidence, raise the defenses that fit, and negotiate when that is in your interest. Spanish is spoken, and our phones are answered seven days a week.

Debt defense is billed as a flat fee based on the amount of the suit, with flat fees from $400 and payment plans available:

To get started, call or text, or learn more about our Texas debt defense attorneys.

Sources

• Scott & Associates, P.C., official website (firm description, mailing addresses, phone)
• State Bar of Texas, Find a Lawyer directory
• Heintz v. Jenkins, 514 U.S. 291 (1995)
• Texas Rules of Civil Procedure (Rules 99, 502.5, 508)
• Texas Government Code ch. 27 (§ 27.031)
• Texas Civil Practice and Remedies Code ch. 16 (§ 16.004)
• Texas Finance Code ch. 392 (§ 392.307)
• Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692–1692p

General information, not legal advice for your case.